Bills Target Dcf Disclosure Rules

February 16, 2005|By COLIN POITRAS; Courant Staff Writer

State Rep. Ken Green has introduced two bills this legislative session that he says will better protect the legal rights of thousands of parents investigated by the state Department of Children and Families each year.

The legislation would require DCF to inform people cited for child abuse or neglect of all the potential consequences and prohibit the agency from divulging information about a finding until the parents have a chance to appeal.

State social workers currently send written notices to parents informing them of a citation for abuse or neglect and explaining how they can appeal.

Under the Hartford Democrat's proposal, social workers would notify people in person and be required to tell them that their names are being placed in a state registry of child abuse and neglect cases. The social workers would further explain that being placed on the registry could affect that person's ability to become a foster parent, get a job in child care or operate a day-care business.

A hearing on one of the bills took place Tuesday.

DCF spokesman Gary Kleeblatt said the agency realizes it needs to clarify its notifications and is working on a new draft notice.

Green's legislation also would require state officials to better define child abuse or neglect. With some DCF workers recently being accused of distorting allegations in their case reports and with the integrity of families and people's jobs at stake, Green said it is imperative that there be a clear set of rules.

``I'm not saying some people shouldn't be on a list,'' Green said. ``I'm just saying let people know their rights and be a little clearer about what kind of situation you're dealing with.''

Although the state created a central child abuse registry in 1996, people were not told that their names were being placed on it until 2000. At the same time, other state agencies and child care employers had access to the list and were terminating people who were on it before they could appeal. In many cases, those accused were never told of the outcome of their investigations.

Legal experts say that practice violated the accused person's rights, and class-action lawsuits have been successfully filed in several other states seeking millions in compensation. No such lawsuit has been filed to date in Connecticut.

John Horak, a Hartford attorney who recently represented a child care worker who sued the state after losing her job, said Green's legislation seeks to bring Connecticut in line with established law.

``It's not a matter of legislative grace for the General Assembly, it's the law,'' Horak said. ``Right now [with the way the registry is run], it's like going to jail before going to trial.''

Lisa Levy, a staff attorney with Greater Hartford Legal Aid, joined Horak in supporting Green's bills Tuesday. She said there is currently a large loophole in the law that allows DCF to divulge information about an abuse or neglect citation to other state agencies even though the case is being challenged on appeal. She said Green's legislation would help close the loophole.